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~':\ o f:::. -. \\ N ~I'--) ~ n E s "' ;t:.~ :z: s I'~~ "'" m ~ c: '"".:> (,0 f't::: n :z:: ("~ o Ul S ("\ Z '" <==> o -i c:> c..co ...... t> ]: ~ C "'.,..1 c:: lo- S en ......---.,.. -rl z-i N N ot m .. ::rJ "" "- rn -I rTl m ...... n en "1 ~,~ c::c 0 C ,~ ~ :x: c') '('"- -< C' > 0-<.. \"" (~ ~ 0'1 C) en ~ o "\~ N "Tl :;.~: /\: -r1 r CD z 0 :!'.: r'fl ~ rr1 <:J 1.-"" CD 0 s:: r""1 :3 r ::rJ ....... 0 r J> ~ UJ Ul 0 m l"0 :::><: lo- N c:::::> ...................... CD en ........ t5 (f) WHEN RECORDED MAIL TO: TierOne Bank P.O. Box 5018, Grand Island, NE 68802 FOR RECORDER'S USE ONLY MODn~ICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated February ~~2009, is made and executed between GRAND ISLAND CLINIC BUILDING CO., A PARTNERSHIP, ("Trustor") and TierOne Bank, successor to United Nebraska Bank (by merger), 1235 N Street/PO Box 83009, Lincoln, NE 68501 ("Lender"). (515t1 DEED OF TRUST. Lender and Trustor have entered into a Deed of Trust dated APRIL 8, 2002 (the "Deed of Trust") which has been recorded in HALL County, State of Nebraska, as follows: Filed on APRIL 9, 2002 in INSTRUMENT NO. 0200203875 of Mortgage Records REAL PROPERTY DESCRIPTION. The Deed of Trust covers the following described real property located in HALL County, State of Nebraska: LOT ONE (1) IN MEDICAL PARK SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA MODIFICATION. Lender and Trustor hereby modify the Deed of Trust as follows: * ADD FUTURE ADVANCES TO THE DEED OF TRUST AS FOLLOWS: FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if such advances were made on the date of the Security Instrument regardless of the fact that from time to time there may be no balance due under the note and regardless of whether Lender is obligated to make such future advances. * Add additional Notes that the Deed of Trust may collateralize: "Note" means the promissory note dated April 8,2002, in the original principal amount of$I,900,000.00 and the promissory note dated December 9,2008 in the original principal amount of $500,000.00 together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for. And any Notes that may arise in the future. CONTINUING VALIDITY. Except as expressly modified above, the terms of the original Deed of Trust shall remain unchanged and in full force and effect. Consent by Lender to this Modification does not waive Lender's right to require strict performance of the Deed of Trust as changed above nor obligate Lender to make any future modifications. Nothing in this Modification shall constitute a satisfaction of the promissory note or other credit agreement secured by the Deed of Trust (the "Note"). It is the intention of Lender to retain as liable all parties to the Deed of Trust and all parties, makers and endorsers to the Note, including accommodation parties, unless a party is expressly released by Lender in writing. Any party, maker or endorser, including accommodation makers, shall not be releaRed by virtue of this Modification. If any person who signed the original Deed of Trust does not sign this Modification, then all persons signing below acknowledge that this Modification is given conditionally, bilsed on the representation to Lender that the non- signing person consents to the changes and provisions of this Modification or otherwise will not be released by it. This waiver applies not only to any initial extension or modification, but also to all such subsequent actions. TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF MODIFICATION OF DEED OF TRUST AND TRUSTOR AGW~ ITS TERMS. MODIFICATION OF DEED OF TRUST IS DATED FEBRUAR r"\-2.009. THIS THIS A CREDIT AGREEMENT MUST BE IN WRITING TO BE ENFORCEABLE UNDER NEBRASKA LAW. TO PROTECT YOU AND US FROM ANY MISUNDERSTANDINGS Grand Island Mod Corp-Kivett 0105.doc